25/1978 Sb.
DECREE
Minister of Foreign Affairs
of 14 July 1999. February 1978
the Treaty between the Czechoslovak Socialist Republic and the German
Democratic Republic on cooperation at the common borders
and mutual assistance on border issues
On 8 June 1998. September 1976 in Berlin was signed the Treaty between the Czechoslovak
Socialist Republic and the German Democratic Republic on
cooperation at the common borders and on mutual assistance in
border issues.
With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the President of the Republic has ratified it.
The instruments of ratification were exchanged in Prague on 12. September 1977.
According to article 34, the Treaty entered into force on 12 March 2005. September 1977.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Chňoupek v.r.
CONTRACT
between the Czechoslovak Socialist Republic and the German Democratic
Republic on cooperation at the common borders and the mutual
help on border issues
The Czechoslovak Socialist Republic and the German Democratic Republic
in the spirit of the Declaration on the strengthening of friendship and deepening brotherly
the cooperation between the Communist Party of Czechoslovakia and the single
the Socialist Party of Germany and between the Czechoslovak Socialist
Republic and the German Democratic Republic from 17 May. October 1974 with
to further deepen their cooperation at the common borders
agree to enter into this agreement.
To this end, have designated their agents:
The President of the Czechoslovak Socialist Republic
Major General Charles Kozelka,
the Deputy Interior Minister of the Czechoslovak Socialist Republic,
The State Council of the German Democratic Republic
Generalleutnant Erich Peter,
the Deputy Minister of national defence and the Commander of the Border troops of the German
Democratic Republic,
who, having exchanged their full powers, found in good and due
the form, have agreed as follows:
Part I
Appointment of border agents and their competence
Article 1
To carry out the tasks arising from this agreement, the competent authorities shall establish a
Each Contracting Party the main border agent, as well as the representative of the
the main border agent, border agent, representative
border agents and helpers of border agents.
Article 2
(1) a person referred to in article 1 shall appoint:
1. Government-border agents
2. the competent Minister-Deputy Chief border agent and
the border agent;
3. main border agent-representative of the border agents;
4. the competent border agent-helpers of the border agent.
(2) the Governments of the Contracting Parties shall notify each other through diplomatic channels of the
the appointment of major border agents, within 30 days after the entry of the Treaty in
force.
(3) the main border agents and border agents are authorized to
invite experts.
Article 3
(1) the main border agents, as well as their representatives, border
agents, their deputies and assistants shall receive for the performance of its functions,
power of Attorney drawn up in the Czech or Slovak and German languages. Patterns
These full powers are listed in annex 1 to 5.
(2) the power of attorney be drawn up:
1. for the border agent Prime Minister;
2. for the Deputy Chief of the border agent, border agents and
their representatives and assistants who is appointed pursuant to article 2
paragraph. 1.
Article 4
(1) the main border agents performs the following tasks:
1. establish the principles of interoperability of national borders to conservation authorities
the implementation of measures at the common borders (hereinafter referred to as "State
limit ");
2. evaluate the effectiveness of the protection of State borders, status and maintenance
border, characters discuss significant events on State borders, and
down common measures to increase the safety and security of the State
borders;
3. controls and coordinate the activities of the border agents;
4. matters, which they could not resolve the border agents
or that go beyond their jurisdiction;
5. advance matters that could not be resolved or that exceed the
their jurisdiction, to hear through diplomatic channels.
(2) the provisions of paragraph 1 of section 5 shall not preclude the main border
Agent have been transferred to address questions that have been discussed
through the diplomatic channel.
Article 5
(1) Border agents performs the following tasks:
1. assess the situation regularly on State borders, coordinating the
the use of forces and means of protection of State borders and ensure exchange of
of information between the authorities of the protection of State borders;
2. laying down common measures to ensure safety and order on the
State borders, including those that are necessary for the implementation of the
economic-technical work on State borders;
3. ensure the crossing of national borders, rescue units and
the other teams during natural disasters, accidents or other
emergency situations, as well as their joint exercises;
4. checking the status of a designation of the national borders.
(2) the border agents shall investigate, hear and in the extent of their
the scope of decisions, in particular in the following cases:
1. for breaches of State borders;
2. when the acts or events in the vicinity of frontiers, which led to the
death or injury of persons, or to destroy or
damage to property in the national territory of the other Contracting Party;
3. damage, destruction, or unauthorized transfer of frontier
characters;
4. when the damage incurred as a result of violations of the right to State
borders;
5. finding things or animals who find themselves on the territory of the other
the Contracting Parties;
6. when the unauthorized exchange of items across the State border;
7. when other events occur on State borders, the solution is not
a decision must be the main port of the diplomatic agent or
along the way.
(3) Border agents in addition to fulfilling the tasks resulting from the
other agreements concluded between the competent authorities of the Contracting Parties.
(4) Border agents are obliged to immediately inform each other of
the situation and events that may affect the safety and order on the
State borders.
(5) the start and end of the action of the competent authorities, the border
agents shall inform without delay:
1. during natural disasters, accidents and other emergency situations,
that may have consequences on the territory of the other Contracting Party;
2. on the occurrence of communicable diseases and infections in people or animals, and
the occurrence of the field or forest pests in the vicinity of frontiers;
3. when the finding of oil or other harmful substances in the border waters
or in waters near State borders, if they can have consequences on the
State of the territory of the other party;
4. when the air pollution in the vicinity of the border, if it can
cause immediate danger to the health of people, animals, or
plants in the national territory of the other Contracting Party;
5. when the temporary closure of the border crossings or restrictions on crossing
national borders.
Exchange of information through diplomatic channels is not affected.
(6) the Border agents are advancing matters which could not resolve
or which exceed their jurisdiction, the main border agents.
(7) the provisions of this article shall not preclude the border agent were
transferred to the solution of the questions that were discussed the main border
agents or through diplomatic channels.
Article 6
Representatives of the major border agents and representatives of border agents
in the scope of tasks delegated to them the same rights and obligations as
of the person they represent.
Article 7
(1) the helpers of border agents perform the tasks for which they are stored
border agents or their representatives.
(2) the border agents of the two parties jointly determine the scope of
the tasks imposed on the people.
Part II
Safety and order on State borders
Article 8
(1) Border agents of the Contracting Parties shall cooperate in the prevention of
distortions of national borders, while the prosecution and detention of persons
attempting to illegally cross the State border, or that the State
border illegally crossed (hereinafter referred to as "intruders") and
investigating other cases of violation of the legislation governing the
safety and order on State borders.
(2) where traces of intruders on the national territory of the other Contracting Party,
passes as soon as stíhající authority authority to protect national borders the other
the contracting parties all of the necessary information to allow for more prosecutions.
(3) the immediate prosecution of the attacker across national boundaries at the State
the territory of the other Contracting Party may only lead authorities to the protection of the State
the border with the consent of the port agent of the other party. Without
This consent may result in immediate prosecution only if
If the delay would result in the leakage of an intruder. The immediate
the prosecution is permissible only in exceptional cases and only where necessary to
the place where the stíhající authority will meet with the competent authorities of the other Contracting
Parties up to a depth of 5 km of the national territory of the other Contracting
party. Immediate prosecution in the municipalities is not permitted.
(4) when the immediate prosecution of the national territory of the other party is
possible to use service dogs and official vehicles.
(5) the following shall be considered As the immediate prosecution of cases in which prosecution is in
the supervisory authority or stíhajícího when it comes to dog after a scent trail.
(6) during the immediate prosecution of the national territory of the other party
is it allowed to use weapons only for self-defence. Access to the buildings
is inadmissible. Stíhající shall be authorized to determine whether the detainee
the intruder does not have a gun or other objects which could be used
against the stíhajícímu authority, and the weapon or objects.
(7) the Intruder the detainee when the immediate prosecution on national territory
other Contracting Parties shall transmit without delay, together with the items provided
When the immediate prosecution and detention authorities to the protection of the State borders
of the Contracting Party in whose national territory was detained. For the next
Article 9 applies.
Article 9
(1) persons who have been detained for intentional unauthorized crossing
the State border, the border agent passes the border agents of the second
the Contracting Parties. The handover is done according to the law of a Contracting
the State party on whose territory the person detained within 48 hours
from detention. At the same time shall transmit to the objects and means of payment which
the person in detention should be together, if these objects and the payment
resources are exported from the national territory of the other Contracting Party.
Means of payment, the Contracting Party in whose territory the person State
detained, are not forwarded if it is unequivocally detects that these
means of payment have been obtained by illegal means.
(2) Detained persons shall not be transmitted, if they are nationals of a Contracting
the State party on whose territory they were detained.
(3) persons detained pursuant to paragraph 1 shall not be transmitted, if appropriate
investigative bodies shall make for unauthorized border crossing
or on suspicion of committing other crimes.
In this case, the provisions of the applicable contractual arrangements between the
the Contracting Parties on mutual legal assistance in criminal matters.
(4) the port agent of the other party shall be in any case
immediately informed of the detention for unauthorised crossing of State borders,
even if it does not pass.
Article 10
(1) persons who have been detained for unintended unauthorized crossing
the State border shall be transmitted without delay to the border agents of the Contracting
party from whose territory came. With regard to items and
means of payment that the person in detention together, proceed
Similarly, according to article 9 paragraph 2. 1.
(2) If a person referred to in paragraph 1, the contracting party nationals
on the national territory have been detained, the competent authorities of the
the Contracting Parties may decide, in agreement with the competent authorities of the other Contracting
Parties of the neprodleném the return of such persons to the territory of another Contracting State
party.
(3) If a person referred to in paragraph 1 are suspected of having committed a criminal
the acts on the State territory of the Contracting Party in which they have been detained, it
shall apply mutatis mutandis the provisions of article 9, paragraph 1. 3 and 4.
Article 11
The border agent of one Contracting Party may refuse or defer
the takeover of the persons referred to in article 9 or 10, and also specify the
the reasons for the refusal or suspension of a takeover.
Article 12
Animals or things that they found themselves on the territory of the other Contracting
Parties may be returned with the consent of border agents.
Article 13
(1) Border agents jointly investigate damage caused by disruption of the
order on the State borders. This examination includes the gathering
and the taking of evidence, as well as their transfer to competent authorities.
(2) the border agents may clear up minor damage along with
the origin of the damage and injured after their mutual consent on the spot.
These cases are not forwarded to the authorities responsible for dealing with refunds
damages from the log of the captured border agents is obvious,
that the victim has no additional requirements.
(3) the compensation agreed by the border agents or other
the competent authorities according to the applicable legislation on payments between
the Contracting Parties, if the damage has not been replaced by any other way.
(4) the decision of border agents in the cases referred to in paragraph 2
do not exclude the possibility of applying the claims in court.
Article 14
The investigation carried out by the border agents under this agreement,
they do not have the character of the acts carried out investigative authorities.
Article 16
The parties will carry out the economic work in the vicinity of
the borders so that they harmed the interests of the other Contracting Party and to
taken of the safety and order on State borders.
Article 17
Hunting lodge it is forbidden to shoot across the State border and Chase game
on the territory of the other Contracting Party.
Article 17
Fishing in border waters is permitted from the shore up to the border line, and
It only from sunrise to sunset.
Article 18
Border agents of the Contracting Parties shall inform each other
the upcoming festivities on State borders and provides for the necessary
safety precautions connected.
Article 19
Traffic at border crossings and privileged direct railway
to the right, as well as the cooperation of the competent authorities of both Contracting Parties in
joint checks on persons crossing the State border and the cost
transported across State boundaries are not affected by this agreement.
Article 20
(1) the roads and paths, which are the State border, where appropriate, that
leading wholly or partially to the national territory of a Contracting Party and which
on the basis of the local situation are used by citizens of both Contracting Parties,
the competent authorities of the Contracting Parties to maintain to meet
the needs of transport.
(2) the competent authorities of the Contracting Parties shall inform the main border
an agent of the measures planned for the maintenance of roads and paths according to the
of paragraph 1.
(3) citizens of the Contracting Parties that use the roads referred to in
paragraph 1 do not need documents, which is otherwise to be exceeded
national borders and shall be subject to the legislation of the Contracting Party of which they
they are citizens.
(4) a list of the roads referred to in paragraph 1 shall be approved by the Government of the
party.
Part III
Crossing of State border
Article 21
(1) the main border agents, their representatives, as well as border
agents, their deputies and assistants can in connection with work
its tasks exceed the State border on the basis of their full powers.
(2) Experts whose presence is required in the performance of tasks,
cross the State border only in the presence of one of the persons referred to in
paragraph 1.
Article 22
(1) a person referred to in article 21 are in the transition state borders and during
stay on the territory of the other Contracting Parties shall be exempt in the context of
the fulfilment of the tasks arising from this agreement from customs examinations, as well as
from import and export restrictions, from customs duties and other charges in respect of
their business documents, means of transport and other articles intended
for their business activity and the necessary personal use.
(2) the persons referred to in article 21 may stay on the national territory of the other
the Contracting Parties to wear business uniforms and service weapons. In the performance of
on the national territory enjoy the right to personal inviolability; their
means of transport and business documents are also inviolable.
The second party shall provide such persons at their request, with the necessary
assistance, in particular by providing means of transport, accommodation and the link with
their own authorities.
Article 23
(1) persons that are based on the agreement of the competent authorities of the Contracting
the parties entrusted with the charge of the assessment, and to indicate the maintenance of State borders,
work on the road or other technical devices, work on
bridges, water measures, regulatory work on
border waters, vyměřovacími works, maintenance and control of the public
equipment and the work on the translation work in railway stations or other
close to the State border on the territory of the other Contracting Party, shall have the
the border pass.
(2) for the purpose of carrying out the work referred to in paragraph 1 may be
neverthe outside border crossings, by agreement with the
the competent border agent.
(3) a border pass entitles to carry out work on the national territory of the other
the Contracting Parties to a depth of 5 km, if necessary, this can be
the distance with the consent of the border of the Plenipotentiaries of both parties
extended.
(4) the persons who for the purpose of execution of the works crossed the State border
outside of the border crossings, is stay on the national territory of the other party
allowed only from sunrise to sunset. They are to be working
carried out at night, you must timely inform the border agent and
in particularly urgent cases, local authorities in the protection of the State borders
both of the parties. This information is not served for employees who
perform services in day and night to ensure the operation on the translation
stations.
Article 24
(1) a person referred to in article 23, paragraph 1. 1 are entitled to import duty free and
exports to and from the territory of the other party material, transport
instruments and working equipment needed to perform the work entrusted to them.
If the work lasts a few days, these items may be left with the
consent of the competent authorities of the Contracting Parties in the workplace.
(2) the competent authorities of the Contracting Parties jointly lays down the principles for
exemption from customs fees and restrictions that apply when crossing
national frontiers, to the persons referred to in article 23(2). 1.
Article 25
(1) the members of the authorities, immigration and customs checks, employees
railway administrations and staff of other organizations of the Contracting Parties
involved in the inspection, handling and provision of traffic on
border crossings may exceed the State border in order to exercise
their functions on the basis of the border of the cards.
(2) the persons referred to in paragraph 1 does not apply the restrictions referred to in article 23
paragraph. 3 and 4.
Article 26
The main border agents jointly shall lay down the necessary measures to
the competent authorities of the contracting parties must comply when carrying out
economic-technical work, crossing the State border. For this
the purpose of such bodies are required to timely meet the main border
an agent with planned arrangements.
Article 27
Border agents of the Contracting Parties shall be authorised to permit, for the mutual
Agreement exceeding national borders outside authorised border crossing points and in the other
individual cases.
Article 28
The determination of the sampling and the issuance of border cards is performed according to
the national rules of the Contracting Parties. The competent authorities of the Contracting
the Parties shall exchange each other's patterns of frontier licences.
Article 29
(1) for natural disasters, accidents and other emergency situations in the
the vicinity of frontiers, the competent authorities of one Contracting Party
request through the border agents to provide assistance
the competent authorities of the other Contracting Party. If there is a risk of delay
or where it is clear from other agreements, the competent authorities of a Contracting
the parties request the provision of assistance to the competent authorities of the other Contracting
parties directly; the competent authorities of the Contracting Parties shall immediately
inform the border agent.
(2) for the purposes of the provision of assistance referred to in paragraph 1 may rescue
units and auxiliary of the cooperative, as well as doctors and other health care
neverthe staff with a personal identity card and stay
on the territory of the other Contracting Party, the time required to provide
assistance.
(3) the Crossing of State borders in the cases referred to in paragraph 1 shall
may be carried out at border crossings or other purpose
the agreed places.
(4) Brought the materials, apparatus, tools, transport and connection
the resources needed to provide assistance, as well as objects
personal needs of the persons referred to in paragraph 2 shall be exempted from customs duties.
Instruments, tools, traffic, and fasteners, as well as
any unused materials to take back again.
(5) the provisions of paragraphs 2 to 4 shall be used mutatis mutandis for the execution of
joint exercises.
Article 30
(1) for natural disasters, accidents and other emergency situations
can people cross national borders at any place and in
any time, if it can ward off the danger of harm to their
health or the health of other people.
(2) the return of the persons referred to in paragraph 1, shall ensure the border agents
of the Contracting Parties.
Article 31
(1) the Expenses incurred by the granting of aid in the cases referred to in articles 29 and 30
shall be borne by the Contracting Party, which has asked for help, or which
assistance given to citizens.
(2) these expenses include especially damages for death or injury to
the health of the person providing the assistance, as well as compensation for loss of or
damage to objects or tools.
(3) the Entitlement of persons who provided assistance, for damages and its amount
determined in accordance with the legislation of the Contracting Party in whose national territory
they live.
(4) the Expenses and allowances referred to in paragraphs 1 to 3 shall be paid in accordance with
current regulations on payments between the Contracting Parties.
Article 32
Persons who participate in the vicinity of frontiers of mass
Assembly or the celebrations organized by the public authorities or jointly
social organizations of the two parties, exceed the State
the boundaries according to the principles approved in front of their holding of the main border
agents.
Part IV
Final provisions
Article 33
(1) for the implementation of this Agreement shall negotiate the central competent authorities
the Contracting Parties to the relevant agreement.
(2) the annexes to this agreement may be amended by agreement of the competent
the central authorities of the Contracting Parties.
Article 34
This agreement requires ratification and shall enter into force on the date of the exchange of
instruments of ratification. The exchange of instruments of ratification takes place in Prague.
Article 35
This agreement is concluded for a period of ten years. Its validity shall be
extended by five years, unless one of the Contracting Parties not later than
six months before the expiry of the period of validity of denounces it.
Article 36
On the date of entry into force of this Agreement shall cease to have effect:
1. the agreement between the Government of the Czechoslovak Republic and the Government of the German
the Democratic Republic of the border zmocněncích of 22 March. September 1956;
2. the Convention between the Government of the Czechoslovak Republic and the Government of the German
Democratic Republic on aid for natural disasters of 6. October
1956 as amended article II made by Exchange of notes dated June 28. may
1963.
This agreement was drawn up on 8 June 1998. September 1976 in Berlin in two
copies each in Czech and German, both texts have
the same force.
In witness whereof this agreement was signed by agents and getting it to its
seals
For
Czechoslovak Socialist
Republic of:
Kropáček v.r.
For
The German Democratic
Republic of:
Peter v.r.
Č. 1
(page 1) (page 2) (page 3)
Power of Attorney (same wording
č. ........... The Government is in German)
Czechoslovak Socialist
of the Republic of
her name was
.................................
business title, name, surname
(photos)
the main border agent
for the State border between the Czechoslovak Socialist
Republic and the German Democratic Republic.
(stamp) Appointed shall be authorised to carry out their activities
According to the Treaty between the Czechoslovak Socialist
Republic and the German Democratic Republic
on cooperation on common State borders and
on mutual assistance on border issues from. ....
........................, and has, on the basis of this
the power of attorney the right to cross the State border between
The Czechoslovak Socialist Republic and the
The German Democratic Republic.
....................
signature of the holder
Prague, the day............... 19........
The President of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC
Č. 2
(page 1) (page 2) (page 3)
Power of Attorney (same wording
č. ........... Minister................. "in German)
Czechoslovak Socialist
of the Republic of
his name was
.................................
business title, name, surname
(photos)
the representative of the border agent
for the State border between the Czechoslovak Socialist
Republic and the German Democratic Republic.
(stamp) Appointed shall be authorised to carry out their activities
According to the Treaty between the Czechoslovak Socialist
Republic and the German Democratic Republic
on cooperation on common State borders and
on mutual assistance on border issues from. ....
........................, and has, on the basis of this
the power of attorney the right to cross the State border between
The Czechoslovak Socialist Republic and the
The German Democratic Republic.
....................
signature of the holder
Prague, the day............... 19........
Ministr..............................
Č. 3
(page 1) (page 2) (page 3)
Power of Attorney (same wording
č. ........... Minister................. "in German)
Czechoslovak Socialist
of the Republic of
his name was
.................................
business title, name, surname
the border agent
in the space................... national borders
between the Czechoslovak Socialist Republic
and the German Democratic Republic.
(photos) Appointed shall be authorised to carry out their activities
According to the Treaty between the Czechoslovak Socialist
Republic and the German Democratic Republic
on cooperation on common State borders and
on mutual assistance on border issues from. ....
(stamp) ... ... ... ... ... ... ... ... and is based on this
the power of attorney the right to cross the State border between
The Czechoslovak Socialist Republic and the
The German Democratic Republic between the border
character no........, and a marginal character no........
....................
signature of the holder
Prague, the day............... 19........
Ministr..............................
Č. 4
(page 1) (page 2) (page 3)
Power of Attorney (same wording
č. ........... The main border agent in German)
Czechoslovak Socialist
of the Republic of
his name was
.................................
business title, name, surname
a representative of the border agent
in the space................... national borders
between the Czechoslovak Socialist Republic
and the German Democratic Republic.
(photos) Appointed shall be authorised to carry out their activities
According to the Treaty between the Czechoslovak Socialist
Republic and the German Democratic Republic
on cooperation on common State borders and
on mutual assistance on border issues from. ....
(stamp) ... ... ... ... ... ... ... ... and is based on this
the power of attorney the right to cross the State border between
The Czechoslovak Socialist Republic and the
The German Democratic Republic between the border
character no........, and a marginal character no........
....................
signature of the holder
Prague, the day............... 19........
The main border agent
Č. 5
(page 1) (page 2) (page 3)
Power of Attorney (same wording
č. ........... The border agent in German)
Czechoslovak Socialist
of the Republic of
his name was
.................................
business title, name, surname
the border agent Assistant
in the space................... national borders
between the Czechoslovak Socialist Republic
and the German Democratic Republic.
(photos) Appointed shall be authorised to carry out their activities
According to the Treaty between the Czechoslovak Socialist
Republic and the German Democratic Republic
on cooperation on common State borders and
on mutual assistance on border issues from. ....
(stamp) ... ... ... ... ... ... ... ... and is based on this
the power of attorney the right to cross the State border between
The Czechoslovak Socialist Republic and the
The German Democratic Republic between the border
character no........, and a marginal character no........
....................
signature of the holder
Prague, the day............... 19........
The border agent
